Session Law

Chapter 100
AN ACT AUTHORIZING THE CHANGE OF CUSTODY AND USE OF CERTAIN LAND HELD BY THE CITY OF WORCESTER.

Be it enacted by the Senate and House of Representatives
in General Court assembled, and by the authority of the same,
as follows:

SECTION 1.
The city of Worcester may change the custody and use of
land owned by the city near the southeasterly boundary of Green Hill Park such
that:
(a)
an area of not more than five acres of the 487 acres of land
held
by the city for park purposes and known as Green Hill Park, and located between
Skyline drive and a tract of land consisting of approximately 30.8 acres now
under the custody of the city manager and held for general purposes, the land
having previously been the location of the former city nursing home known as
Belmont Home, referred to in this act as Belmont Home land, together with
land sufficient for vehicular access from Skyline drive to the Belmont Home
land, shall be placed under the custody of the superintendent of public schools
of Worcester for use as the site of a new vocational high school. The new
vocational school to be sited pursuant to this act may be named the
Dr. James L. Garvey Worcester Vocational Technical High School;
(b)
an area
of not less than six acres of land located between Skyline drive, Belmont
street and Mary Scano drive and held by the superintendent of schools for
school
purposes, referred to in this act as Vocational School land, shall be placed
under the custody of the parks, recreation and cemetery commissioner of the
city as an addition to Green Hill Park for park and recreation purposes; and
(c)
an area of not less than 15 acres on the easterly side of the Belmont
Home
land shall be placed under the custody of the parks, recreation and cemetery
commissioner of said city as an addition to Green Hill Park for park and
recreation purposes.

SECTION 2.
The actions authorized by this act shall be contingent
upon the following:
(a)
an area of approximately 9.62 acres of land
currently
owned by the commonwealth and under the care, custody and control of the
commissioner of mental health identified as Lot 5 on a plan entitled, "Plan of
Land in Worcester, Massachusetts (Worcester County) Scale 1" = 100', April 7,
1999", by the BSC Group, Inc., said parcel beginning at a concrete bound with
drill hole found the southeasterly corner of said parcel, same point being at
the northeasterly corner of Lot 2 as shown on said plan; thence, turning and
running in part by a stone wall, N49<=57'37"W, 755.22 feet to a drill hole;
thence, turning and running in part by a stone wall, N60<=22'44"E, 107.68
feet to a point; thence turning and running N36<=16'07"E, 713.72 feet to a
point; thence, turning and running S33<=12'41"E, 458.11 feet to a point;
thence, turning and running S14<=27'28"W, 755.05 feet to the point of
beginning, being made the subject of a conservation restriction which the
commissioner of the division of capital asset management and maintenance may
impose on the land, after consultation with the department of mental health,
in order to preserve the land in its present, natural, scenic and open
condition, protect and promote the existing foot trails that connect the land
to Green Hill Park, promote and enhance the educational and recreational
opportunities for individuals served by the department of mental health and
obligate the city of Worcester to undertake all maintenance and upkeep actions
associated with the conservation restriction which shall preserve the land in
its present, natural, scenic and open conditions. The consideration to be paid
to the commonwealth by the city of Worcester for the imposition of the
conservation restriction shall be
full and fair market value of such restriction as determined by an independent
appraisal. The inspector general shall review and approve said appraisal and
said review shall include an examination of the methodology used for said
appraisal. The inspector general shall prepare a report of his review and file
the report with the commissioner for submission to the house and senate
committees on ways and means and chairmen of the joint committee on state
administration. The consideration to be paid to the commonwealth by the city
of
Worcester for the imposition of the conservation restriction may be, at the
discretion of the commissioner,
the city's written agreement to make the
athletic and recreational facilities on and around the site of the proposed
vocational high school available without charge to the clients of the
department of mental health at such times and on such terms as are mutually
agreed upon by the city and the department,
provided that if the commissioner determines that the consideration should be
such agreement, the commissioner shall provide a written disclosure in the
central register, detailing the reasons for such determination. The
consideration for said parcels shall take into account the obligations placed
on
the city required by this section and the benefits of the project to the
surrounding communities. In the event that the city ceases to comply with the
agreement or the restriction contained in paragraph
(b)
the restriction
contained in this paragraph shall revert to the care and control of the
division of capital asset management and maintenance and any further
disposition of the restriction shall be subject to sections 40E to 40J,
inclusive, of chapter 7 of the General Laws; and (b) an area of approximately
4.6 acres of land owned by the city of Worcester and containing a portion of
Coal Mine Brook near Lake Avenue North in said city being made the subject of a
conservation restriction which shall preserve the land in its present, natural,
scenic and open condition. The conservation restrictions required by this
section shall be made in accordance with sections 31 and 32 of chapter 184of
the General Laws and be held jointly by the Greater Worcester Land Trust, Inc.,
and the conservation commission and the parks, recreation and cemetery
commission of the city.

SECTION 3.
The city of Worcester shall prepare and record in the
Worcester district registry of deeds a plan of land describing the precise
boundaries of the parcels as altered under authority of this act. The plan
shall identify the parcels of land placed under conservation restrictions as a
result of this act. The city shall pay all costs associated with the
transactions authorized by this act, including without limitation, the cost of
surveys, appraisals, documentation, recording and other costs.

SECTION 4.
The commissioner of the division of capital asset
management and
maintenance shall 30 days before the execution of any agreement authorized by
this act, or any subsequent amendment thereof, submit the agreement or
amendment and a report thereon to the inspector general for his review and
comment. The inspector general shall issue his review and comment within
15 days of receipt of any agreement or amendment. Said commissioner shall
submit the agreement and any subsequent amendments thereof, the reports, and
the comments of the inspector general, if any, to the house and senate
committees on ways and means and the chairmen on the joint committee on state
administration at least 15 days prior to execution.